South Africa Case Law

Capitec Life Limited v Funeral Insurance Business Underwritten in the Cell Structure of Centriq Life Insurance Company Limited (LM152Dec23)

Capitec Life Limited v Funeral Insurance Business Underwritten in the Cell Structure of Centriq Life Insurance Company Limited (LM152Dec23) [2024] ZACT 35 (15 April 2024)

Court

Competition Tribunal

Case number

LM152Dec23

Judges

A Kessery, F Tregenna, L Mncube

The Tribunal conditionally approved Capitec Life’s merger to take sole control of the funeral insurance business, finding no substantial competition harm and no significant public interest concerns.

• Large Merger Review
• Public Interest Assessment
• Cell Captive Insurance
• Broad Based Black Economic Empowerment
• Ownership Dilution
• Large-merger-review

RMB Ventures Eight Proprietary Limited and Bopa Moruo Fund II Proprietary Limited v Icon Oncology Holdings Proprietary Limited (LM147Dec23)

RMB Ventures Eight Proprietary Limited and Bopa Moruo Fund II Proprietary Limited v Icon Oncology Holdings Proprietary Limited (LM147Dec23) [2024] ZACT 39 (26 March 2024)

Court

Competition Tribunal

Case number

LM147Dec23

Judges

A Kessery, L Mncube, A Ndoni

The Competition Tribunal unconditionally approved RMB Ventures and Bopa Moruo’s acquisition of joint control over Icon Oncology Holdings, finding no competition or public interest concerns.

• Large Merger Review
• Public Interest Assessment
• Spread Of Ownership
• Employment Effects
• Large-merger-review
• Competition-law

Barkophor Investments Proprietary Limited v Izandla Property Fund Proprietary Limited (LM138Dec23)

Barkophor Investments Proprietary Limited v Izandla Property Fund Proprietary Limited (LM138Dec23) [2024] ZACT 43 (8 March 2024)

Court

Competition Tribunal

Case number

LM138Dec23

Judges

A Kessery, A Ndoni, F Tregenna

The Competition Tribunal unconditionally approved Barkophor Investments’ acquisition of the Sasol DC letting enterprise from Izandla Property Fund.

• Large Merger Review
• Horizontal Overlap
• Public Interest Assessment
• Spread Of Ownership
• Employment Effects
• Competition-law

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21)

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21) [2024] ZACT 31 (1 February 2024)

Court

Competition Tribunal

Case number

IM139Dec21

Judges

Wilson, Mncube, Wessels

The Tribunal found that the proposed merger would result in a substantial anti-competitive and public interest harm by causing a significant and indefinite price increase for liquid sodium cyanide supplied to South African gold mining companies. This price increase is merger-specific, arising from the vertical de-integration of the sodium cyanide business from Sasol and the shift to import parity pricing for key inputs, particularly caustic soda. The Tribunal rejected the applicants' argument that recent price increases were unrelated to the merger, finding that Sasol's change in pricing meth…

Source excerpt

• Merger Control
• Vertical Deintegration
• Import Parity Pricing
• Public Interest Assessment
• Market Power
• Remedies And Conditions

K2023647843 (South Africa) Proprietary Limited v Mayfair Gearbox Holding Company Proprietary Limited (LM124Nov23)

K2023647843 (South Africa) Proprietary Limited v Mayfair Gearbox Holding Company Proprietary Limited (LM124Nov23) [2024] ZACT 12; [2024] 2 CPLR 19 (CT) (17 January 2024)

Court

Competition Tribunal

Case number

LM124Nov23

Judges

Thando Vilakazi, Andiswa Ndoni, Geoff Budlender

The Competition Tribunal unconditionally approved the acquisition of Mayfair Gearbox Holding Company by SPE BidCo, finding no competition overlaps or material public interest concerns.

• Large Merger Review
• Public Interest Assessment
• Employment Protection
• Spread Of Ownership
• Vertical And Horizontal Overlap
• Large-merger-review

RMB Investments and Advisory (Pty) Ltd v LM Propco (Pty) Ltd (LM101Oct23)

RMB Investments and Advisory (Pty) Ltd v LM Propco (Pty) Ltd (LM101Oct23) [2023] ZACT 76 (19 December 2023)

Court

Competition Tribunal

Case number

LM101Oct23

Judges

A Wessels, L Mncube, G Budlender

The Competition Tribunal unconditionally approved RMBIA’s acquisition of a 100% share in the Leroy Merlin Fourways property from LM Propco.

• Merger Control
• Public Interest Assessment
• Hdp Ownership
• Employment Effects
• Merger-control
• Public-interest-assessment

Government Employees Pension Fund duly represented by the Public Investment Corporation SOC Limited v Shenge Property Group Proprietary Limited (LM089SEP23)

Government Employees Pension Fund duly represented by the Public Investment Corporation SOC Limited v Shenge Property Group Proprietary Limited (LM089SEP23) [2023] ZACT 74 (7 December 2023)

Court

Competition Tribunal

Case number

LM089SEP23

Judges

Andreas Wessels, Thando Vilakazi, Geoff Budlender

The Competition Tribunal unconditionally approved GEPF’s 49% acquisition of Shenge Property Group, finding no substantial competition concerns or public interest harm.

• Large Merger Review
• Public Interest Assessment
• Market Share Analysis
• Hdp Ownership
• Employment Transfer
• Property Investment

Joint Venture Firm to be Incorporated v New H Powertrain Holding S.L.U (LM091Sep23)

Joint Venture Firm to be Incorporated v New H Powertrain Holding S.L.U (LM091Sep23) [2023] ZACT 81 (5 December 2023)

Court

Competition Tribunal

Case number

LM091Sep23

Judges

L Mncube, I Valodia, G Budlender

The Competition Tribunal unconditionally approved a large merger creating a joint venture between Renault and Geely to develop and supply global powertrain solutions.

• Large Merger Review
• Horizontal Overlap
• Public Interest Assessment
• Ownership Spread
• Employment Impact
• Large-merger-review

G.D.F International S.A. v Actis Energy Okavango Mauritius Limited (LM036Jun23)

G.D.F International S.A. v Actis Energy Okavango Mauritius Limited (LM036Jun23) [2023] ZACT 80 (5 October 2023)

Court

Competition Tribunal

Case number

LM036Jun23

Judges

Sha'ista Goga, Fiona Tregenna, Andiswa Ndoni

The Competition Tribunal unconditionally approved G.D.F International S.A.’s acquisition of Actis Energy Okavango Mauritius Limited after finding no substantial competition or public interest concerns.

• Large Merger Review
• Renewable Energy Market
• Public Interest Assessment
• Horizontal Overlap
• Hdp Ownership
• Employment Effects

Capitec Bank Ltd v Spear Reit Ltd and Another (LM011Apr23)

Capitec Bank Ltd v Spear Reit Ltd and Another (LM011Apr23) [2023] ZACT 27; [2023] 3 CPLR 37 (CT) (13 July 2023)

Court

Competition Tribunal

Case number

LM011Apr23

Judges

Liberty Mncube, Andiswa Ndoni, Shaista Goga

The Competition Tribunal unconditionally approved Capitec’s purchase of the Liberty Life Office Building from Spear REIT, finding no competition, employment, or ownership concerns.

• Large Merger
• Office Property Market Definition
• Public Interest Assessment
• Employment Effects
• Spread Of Ownership
• B Bbbee Shareholding